FREE BOOKS

Author's List




PREV.   NEXT  
|<   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129  
130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   >>   >|  
e carriage of Madame ----, and that my friend gained his cause." To this anecdote I can only say, I tell it exactly as I heard it, and that M. de ---- is a deputy, and one of the honestest and simplest-minded men of my acquaintance. It is but proper to add, that the judge in question has a bad name, and is little esteemed by the bar; but the above-mentioned fact would go to show that too much of the old system remains. In Germany justice bears a better name, though the absence of juries generally must subject the suitor to the assaults of personal influence. Farther south, report speaks still less favourably of the manner in which the laws are interpreted; and, indeed, it would seem to be an inevitable consequence of despotism that justice should be abused. One hears occasionally of some signal act of moderation and equity on the part of monarchies, but the merits of systems are to be proved, not by these brilliant _coups de justice_, but by the steady, quiet and regular working of the machine, on which men know how to calculate, in which they have faith, and which as seldom deceives them as comports with human fallibility, rather than by _scenes_ in which the blind goddess is made to play a part in a _melodrama_. On the whole, it is fair to presume that, while public opinion, and that intelligence which acts virtually as a bill of rights, even in the most despotic governments of Europe, not even excepting Turkey, perhaps, have produced a beneficial influence on the courts, the secrecy of their proceedings, the irresponsible nature of their trusts (responsible to power, and irresponsible to the nation), and the absence of publicity, produce precisely the effects that a common-sense view of the facts would lead one who understands human nature to expect. I am no great admirer of the compromising verdicts of juries, in civil suits that admit of a question as to amounts. They are an admirable invention to settle questions of guilty or not guilty, but an enlightened court would, nine times in ten, do more justice in the cases just named. Would it not be an improvement to alter the present powers of juries, by letting them simply find for or against the suitor, leaving the damages to be assessed by regular officers, that might resemble masters in chancery? At all events, juries, or some active substitute, cannot be safely dispensed with until a people have made great progress in the science of publicity, and in a knowle
PREV.   NEXT  
|<   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129  
130   131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   >>   >|  



Top keywords:

justice

 

juries

 

publicity

 

suitor

 

regular

 

question

 

irresponsible

 

guilty

 
nature
 

influence


absence
 

responsible

 

trusts

 
nation
 

effects

 
precisely
 
produce
 

common

 

science

 

progress


beneficial

 

intelligence

 
virtually
 

opinion

 
public
 

presume

 

rights

 

produced

 
courts
 

knowle


secrecy

 

Turkey

 

despotic

 

governments

 

Europe

 

excepting

 

proceedings

 

compromising

 
letting
 
safely

simply

 

powers

 

present

 

dispensed

 

improvement

 

substitute

 

resemble

 

masters

 

events

 

officers